IV. Convention respecting conditions of
Residence and Business and Jurisdiction
Chapter II
Jurisdiction
Article 14
In Turkey the nationals of the other
Contracting Powers, and reciprocally Turkish nationals in the territories of
the said Powers, will have free access to the courts of the country, and may
sue and be sued in the same conditions in all respects as nationals of the
country, subject to the provisions of Article 18.
Article 15
Subject to the provisions of Article 16, all
questions of jurisdiction shall, as between Turkey and the other Contracting
Powers, be decided in accordance with the principles of international law.
Article 16
In matters of personal status, i.e., all
questions relating to marriage, conjugal rights, divorce, judicial separation,
dower, paternity afflation, adoption, capacity majority, guardianship,
trusteeship and interdiction; in matters relating to succession to personalty,
whether by will or on intestacy, and the distribution and winding up of
estates; and family law in general, it is agreed between Turkey and the other
Contracting Powers that, as regards non-Moslem nationals of such Powers in
Turkey, the national tribunals or other competent national authorities
established in the country of which the party whose personal status is in
question will alone have jurisdiction.
The present stipulation does not affect the
special attribution's of consuls in matters of status in accordance with
international law or special agreements which may be concluded, nor the right
of Turkish courts to request and receive evidence respecting matters
acknowledged above as being within the competence of the national tribunals or
authorities of the parties concerned.
By way of exception to the first paragraph of
this Article, the Turkish courts will also have jurisdiction in the matters
referred to therein, if all the parties to the case submit in writing to the
jurisdiction of the said courts. In such case the Turkish courts will apply
the national law of the parties.
Article 17
The Turkish Government declares that the
Turkish courts will ensure to foreigners in Turkey, both as regards person and
property, protection in accordance with international law and the principles
and methods generally adopted in other countries.
All questions relating to security for case,
execution of judgments, service of judicial and extra-judicial documents,
commissions rogations, orders for the payment of costs and expenses, free
judicial assistance and imprisonment for debt are left to be regulated between
Turkey and the other Contracting Powers by separate conventions between the
States concerned.
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